Solay Terms of Service

1. Eligibility and Authority

You must be at least 13 years old, or the minimum age required in your jurisdiction, to use Solay. If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian. By using Solay, you represent and warrant that you satisfy these requirements and have authority to accept these Terms.

2. Solay's Informational Purpose

Solay is a sun-planning application that provides informational UV conditions and forecasts, goal-based timers, reminders, estimates, and session insights. Features may vary by device, location, permissions, subscription status, service availability, and other conditions outside our control.

Solay is not a medical device, medical service, safety system, emergency service, or substitute for professional medical advice, diagnosis, treatment, supervision, or emergency assistance. Do not delay seeking professional advice or emergency assistance because of information provided by Solay.

3. Sun Exposure Risks and Assumption of Risk

You understand that exposure to sunlight and ultraviolet radiation is inherently risky. Risks may include sunburn, heat illness, dehydration, premature skin aging, eye damage, medication-related or condition-related photosensitivity, skin damage, skin cancer, bodily injury, permanent disability, and death.

You acknowledge and accept the risks associated with outdoor activities and sun exposure and remain solely responsible for your decisions regarding sun exposure, including whether, when, where, and for how long to spend time outdoors.

Solay does not guarantee that you will avoid sunburn, injury, illness, or any other harm. No timer, alert, forecast, reminder, score, estimate, recommendation, or completed session should be interpreted as confirmation that conditions are safe.

4. Forecasts, Estimates, SPF Assumptions, and Notifications

UV forecasts, weather data, timers, SPF assumptions, personalized estimates, alerts, reminders, and notifications may be inaccurate, incomplete, delayed, unavailable, or fail entirely. Actual exposure can change quickly and may differ materially based on clouds, altitude, reflective surfaces, shade, application and effectiveness of sunscreen, clothing, skin characteristics, health conditions, medications, device settings, location accuracy, and other factors.

Notifications and reminders may not arrive on time or at all because of device settings, connectivity, operating-system behavior, power-saving modes, permissions, third-party failures, or service interruptions. You must not rely on Solay as your only warning, timer, or protective measure.

5. Your Responsibilities

When using Solay, you agree that you will:

• Use your own judgment and check actual local conditions before and during outdoor activity
• Follow applicable public-health guidance, sunscreen product instructions, and advice from qualified healthcare professionals
• Use appropriate protective measures, which may include shade, protective clothing, eyewear, and properly applied sunscreen
• Stop exposure and seek appropriate assistance if conditions change or you experience pain, redness, dizziness, illness, or other concerning symptoms
• Consult a qualified healthcare professional regarding skin conditions, personal risk, prior skin cancer, or medications that may increase sun sensitivity
• Provide accurate information when features depend on information you enter or select

6. Accounts, Devices, and Access

Some features may use a guest session, device identifier, Sign in with Apple account, or subscription-provider account. You are responsible for activity associated with your device and account, keeping access methods secure, and promptly notifying us of suspected unauthorized access.

We may refuse, restrict, suspend, or terminate access when reasonably necessary to protect Solay, users, third parties, or our rights; comply with law; investigate misuse; enforce these Terms; or discontinue the service.

7. Subscriptions and Purchases

Solay may offer paid subscriptions or purchases. Prices, billing, renewal, cancellation, refunds, and store-account management are handled by Apple or the applicable marketplace under its terms. Auto-renewable subscriptions continue until cancelled through your store account settings. Premium access may require an active entitlement, supported account, and internet connection.

Except where required by law or applicable marketplace rules, losing access to a device, deleting Solay, failing to cancel a subscription, or not using premium features does not create a right to a refund from Kovacs Software Solutions.

8. Local Data and Data Loss

Some preferences, session history, and related information are stored locally on your device. You are responsible for your device and any available backups. Local data may be lost, corrupted, or deleted if you remove Solay, clear app data, lose or replace your device, or experience device or software failure. We do not guarantee recovery, backup, synchronization, or continued availability of locally stored data.

9. Permitted Use and Prohibited Conduct

You receive a limited, personal, non-exclusive, non-transferable, revocable right to use Solay in accordance with these Terms and the applicable Apple license terms. You may not:

• Use Solay unlawfully, fraudulently, commercially, or in a manner that harms or creates risk for another person
• Represent Solay's information as medical advice, a safety certification, or a guarantee of safe exposure
• Interfere with, misuse, overload, disrupt, scrape, or attempt unauthorized access to Solay or related systems
• Bypass subscriptions, usage allowances, security controls, technical restrictions, or access limitations
• Copy, modify, reverse engineer, distribute, resell, sublicense, or exploit Solay except where applicable law expressly permits it
• Use Solay as a substitute for professional medical advice or emergency services
• Use Solay where prohibited by applicable law, export-control regulations, or economic sanctions

10. Third-Party Services and Availability

Solay relies on third-party services, which may include Apple WeatherKit, Sign in with Apple, the Apple App Store, RevenueCat, internet providers, device platforms, and hosting providers. Those services are governed by their own terms and may change, restrict, interrupt, or discontinue functionality without our control.

Weather information may be provided through Apple WeatherKit and other third-party providers. Such information is provided for informational purposes only and may be delayed, inaccurate, or unavailable.

We do not guarantee that Solay or any feature, data source, account function, purchase, notification, forecast, or integration will be continuously available, secure, timely, complete, accurate, compatible, or error-free.

11. Apple-Specific Terms

Your license to use the iOS version of Solay is governed by Apple's Standard End User License Agreement. These Terms supplement, and do not replace, that license.

You acknowledge that these Terms are between you and Kovacs Software Solutions, not Apple. Kovacs Software Solutions, not Apple, is solely responsible for Solay, its content, maintenance and support, warranties to the extent not disclaimed, and product-related claims. Apple has no obligation to provide maintenance or support services for Solay. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-related provisions against you.

12. Intellectual Property and Feedback

Solay, including its software, design, branding, text, graphics, features, and original content, is owned by Kovacs Software Solutions or its licensors and is protected by applicable intellectual property laws. Except for the limited right to use Solay under these Terms, no rights are transferred to you.

If you voluntarily provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or compensation, provided that we do not publicly identify you without permission.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Solay is provided "as is," "as available," and "with all faults," without warranties or conditions of any kind, whether express, implied, statutory, or otherwise. We disclaim implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that Solay will meet your needs; improve health or safety; prevent sunburn, injury, illness, or death; provide accurate or timely information; operate without interruption or error; or preserve data.

14. Damage Disclaimer

To the maximum extent permitted by applicable law, Kovacs Software Solutions and its owners, officers, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of data, profits, revenue, opportunity, use, goodwill, business, or anticipated savings.

This exclusion applies to damages arising from or related to Solay, outdoor activity, sun or UV exposure, reliance on any forecast, timer, alert, reminder, SPF assumption, personalized estimate, recommendation, or session insight, failure or delay of a notification or service, third-party services, data loss, or inability to access or use Solay, regardless of the legal theory and even if advised that such damages were possible.

15. Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of Kovacs Software Solutions and its owners, officers, employees, contractors, agents, licensors, and service providers for all claims arising out of or relating to Solay or these Terms will not exceed the greater of (a) the amount you paid to us through Solay during the twelve (12) months preceding the claim or (b) USD $100.

The exclusions and limitations in these Terms are fundamental elements of the agreement between you and us and apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for gross negligence, intentional misconduct, or other liability protected by mandatory consumer law where applicable.

16. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kovacs Software Solutions and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of Solay, your material violation of these Terms, or your infringement of another person's rights.

This indemnification obligation does not apply to the extent a claim results from our own unlawful conduct or where applicable consumer law prohibits the obligation.

17. Changes, Suspension, and Termination

We may update, modify, suspend, or discontinue Solay or these Terms from time to time. Updated Terms will be posted at this URL with a revised "Last updated" date. Your continued use of Solay after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

You may stop using Solay at any time. Upon termination, your right to use Solay ends, but provisions that by their nature should survive will remain effective, including provisions concerning intellectual property, disclaimers, assumption of risk, liability, indemnification, disputes, and general contract terms.

18. Disputes and Applicable Law

Before starting a formal dispute, you agree to send a written notice describing the issue and requested resolution to info@kovacssoftware.com and allow a reasonable opportunity for good-faith resolution.

These Terms are governed by applicable law without selecting an exclusive court or forum. Nothing in these Terms limits any mandatory consumer right, remedy, jurisdiction, or protection available to you under applicable law.

19. General Contract Terms

These Terms, the Privacy Policy, and applicable Apple license terms form the entire agreement concerning Solay and supersede prior discussions or understandings about it. If any provision is invalid or unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain effective.

Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a reorganization, merger, acquisition, sale, or transfer of Solay or related business assets, subject to applicable law. Headings are for convenience only.

20. Contact

Kovacs Software Solutions
Questions about these Terms can be sent to info@kovacssoftware.com. Product-support requests can be sent to support@kovacssoftware.com.